The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-21
A WIFE AS A WITNESS.
The Bad Showing Against
Alexander Brown.
HER STRONG ASSERTIONS.
A Case that Looks Very Much Like
Adultery and BeastIy Cruelty
Continued To-day.

L
evening last, charged with unlawful
cohabitation, came up before Commits
sioner Mckay yesterday afternoon, al
2 o'clock, Mr.. Varian prosecuting and
Mr.. Critchlow appearing for the de-
PENDANT, in the absence of Arthur
Brown, the defendants attorney. There
were present in the court room, besides
| the defendant and counsel, Mrs. Brown
wife of the defendant, her sister and
brother, Miss Vinegar Tor Mrs. Har-
NOM, and the usual gathering of news
paper representatives.
The case was opened by MIR. Vafian
cllling Mrs. Brown, the defendants
wife, who sat apart from him, and did
not appear to exhibit any of the wifely
solicitude usually shown by woman
when her lord and master" gets into
trouble. The lady testified that she had
married the defendant about nine years
they made their home at the house of
Miss Vinegar, in the Sixteenth Ward,
occupying portion OF the same house
with her.
Mr.. CRITCHLow-We object to the
lady giving any testimony.
Mr.. VARIAN-The statute makes her a
competent witness, l believe. Do you
hold that legal wife cannot testify
Mr.. CRITCHLow-That is certainly my
understanding.
The Commissioner. who seemed to be
somewhat in doubt, left the room for
moment and soon returned with copy
of the Edmunds-Tucker law, and after
perusiug it for few seconds, he read
the section of the law applying in such
cases, which provides that lin any
prosecution for polygamy, bigamy or
unlawful cohaoitatiOn, under any
statute of the United States, the lawful
husband or wife of the person accused
shall be competent witness, and may
be called, but shall not be compelled to
testify in such proceeding, examination
or prosecution, without the consent Of
the husband or wife, as the case may
be; and such witness shall not be per
mitted to testify to any statement or
communication made by either husband
or wife to each other during the exist
ence OF the marriage relation, deemed
confidential at common law
Mrs. Brown was informed that she
need not testify further unles she so
desired, but on her intimating that
she was perfectly willing to give any in
that she might possess, she
was allowed to continue. We have
necessarily omitted much of the ties.
timony, admitting that while she was
Nerfectly justified in saying what she
id, the evidence is scarcely fit to appear
l pubic PRINT. She SAID she had
TOUR children, the youngest months
old; had been living in the Sixteenth
Ward for about six years; my hus-
band has been away on different oc-
OF late he had staid out nearly
every night-or at least portion of it,
coming home at II or 1870; l know
Sarah Elizabeth Vinegar; have known
her about six years, she lived in the
same house as l did; had four rooms
and she had two; my husband spent
part of his time in her apartments; he
has taken his supper there every night
for over two months: he has been liv-
ing with her as husband and wife, only
they were not married.
Here considerable discussion ensued
rs to the admissibility of this testimony.
but the Commissioner finally decided to
admit it.
Witness continued-He was not re-
puted TO be her husband.
1t became evident at this point that |
if the defendant had committed any
public offense, it certainly could not be |
called unlawful cohabitation, and lust |
at this moment Deputy Franks ap-
peared with paper in his hand, which /
be swore to before the Commissioner, |
who handed the document to the de- |
!endant's attorney. 1t charged the de-
tendant with adultery. After perusing
it, Mr.. Critchlow said the plea would be |
not guilty. More discussion followed, |
when witness continued: My husband |
never came home before 11.30 at night;
ne had habit of going to Miss Wine
CARS apartments and staying there I'M
til IL or II, or in the morning. l have |
frequently heard my husband and Miss
Vinegar in the next room to mine
that is her bedroom: have heard them
both go into the room, and then the |
light would either be put out or turned |
down low. Defendant has ordered me |
put of the house-meaning that should |
leeve-several times, and it was all on |
account of Miss Vinegar; on one occa-
SION one of my boys went around to |
MISS W1negar's door; had asked him
TO get in some coal. and she had re-
1uested him to bring her some water;
ne failed to bring me the coal, and | !
whipped him; this was on Saturday. On |
The Sunday following, the defendant
asked the boy if l had whipped him.
The boy replied yes, when defendant
laid: You d b that is twice, l have |
heard of this" left the defendant be.
cause of his treatment about a week
ago, and went to live with my father in
= L City. Tooele County; so far as l.
Know Miss Vinegar owDs the house we
i've in, but | believe my husband helps
% support her; never heard anyone
say that she was my husbands wife.
md have no reason to suspect that
hey are married people have intimated
hat they were married, judging from
heir actions; defendant has never staid
away all night, except once, and that
vas short time after we moved; | do
lot mean to infer that whenever he has
Itald out late at night that he has al
ways been there-he has been
It other places. When 1 have
Lnown the two were in her room.
have heard Miss Vinegar say:
Mrs. Brown will hear u.s." and then
he has come and shut the door be-
Ween her room and the kitchen; the
hree of US have been out frequently
ogether during the past six years, but
lot Tor ten months past; l have known
nm to come to the house at II o'clock
II night and oorno